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Sioux  INDIAN  COURTS 


AN  ADDRESS  DELIVERED  BY 

DOANE  ROBINSON 

OF  PIERRE,  SOUTH  DAKOTA 
BEFORE  THE 

SOUTH  DAKOTA  BAR  ASSOCIATION 


AT  PIERRE,  SOUTH  DAKOTA 

JANUARY  21,  1909 


Sioux  INDIAN  COURTS 


AN  ADDRESS  DELIVERED  BY 

DOANE  ROBINSON 

OF  PIERRE,  SOUTH  DAKOTA 
BEFORE  THE 

SOUTH  DAKOTA  BAR  ASSOCIATION 


AT  PIERRE,  SOUTH  DAKOTA 

JANUARY  21,  1909 


.  O.  •  •••ION*  *  (ONI 

•  ioi-i  FALL*    •.  D. 


T 


SIOUX  INDIAN  COURTS 


In  their  primitive  life  the  Sioux  Indians  of  North  America 
had  an  intelligent  system  of  jurisprudence,  varying  somewhat 
in  the  different  bands,  as  our  court  practice  varies  in  the 
several  states,  but  nevertheless  recognizing  the  same  general 
principles  throughout  the  confederacy.  (1). 

It  is  not  an  easy  thing  to  determine  the  laws  or  the  practices 
of  an  unlettered  people,  who  have  abandoned  the  wild  and  prim- 
itive life  to  live  under  regulations  prescribed  by  their  con- 
querors, and  who  must  depend  upon  tradition  and  recollection 
for  the  practices  of  the  old  life;  but  fortunately  intelligent 
observers  have  from  time  to  time,  during  the  past  two  and  one 
half  centuries,  noted  their  observations,  and  these,  supplemented 
by  the  recollections  of  the  older  men  now  living,  give  to  us  a 
fairly  clear  understanding  of  the  courts  and  the  legal  practices 
of  these  people. 

Primarily  the  Sioux  government  was  by  clans, — patriarch- 
al; but  within  the  clan  it  very  nearly  approached  the  repre- 
sentative republican  form.  The  council  was  the  representative 
body  which  gave  expression  to  the  will  of  the  people.  True  the 
council  was  selected  by  the  chief  of  the  clan,  but  his  very  tenure 
of  office  depended  upon  his  using  the  nicest  discretion  in  invit- 
ing into  his  cabinet  the  men  of  character,  valor  and  influence,  so 
that  the  body  was  almost  invariably  entirely  representative  of 
popular  views  and  interests.  Caste  cut  a  considerable  figure; 
indeed  it  has  been  said  by  those  most  intimate  with  Sioux  life 
that  there  is  as  much  caste  among  the  Dakotas  as  among  the 

(1).  Most  writers  upon  Indian  life  have  noted  the  existence  of 
these  courts.  Since  undertaking  this  paper,  I  have  consulted  Hump, 
One  Bull,  Wakutemani  and  Simon  Kirk,  all  intelligent  Sioux  and, 
save  as  otherwise  noted,  they  are  my  authorities  for  the  statements 
herein  contained. 


Hindus.  (2).  Only  high  caste  men  of  course  would  be  permitted 
to  sit  in  the  deliberations,  but  when  a  council  was  to  be  con- 
vened the  ordinary  practice  was  for  the  chief's  crier  to  go  out 
and  announce  to  the  camp  that  a  matter  was  to  be  considered 
in  council,  and!  the  head  men  at  once  assembled  and  seated 
themselves  in  the  council  circle  as  a  matter  of  course  and  of 
right.  (3).  The  chief,  unquestionably  a  man  of  courage  and  phys- 
ical power,  was  an  executive  officer  who  rarely  asserted  arbitrary 
rule,  particularly  in '  civil  affairs,  for  the  Sioux  were  too  high 
spirited  a  people  to  tolerate  anything  savoring  of  despotism. 
Usually  he  was  suave,  diplomatic  and  tolerant,  and  enjoyed  the 
affection  and  veneration  of  his  people.  Most  public  affairs  were 
determined  in  the  general  council,  including  many  subjects 
naturally  falling  within  the  jurisdiction  of  courts  of  justice,  but 
aside  from  the  council  were  two  distinct  courts,  one  exercising 
jurisdiction  in  matters  civil  and  criminal  in  times  of  peace ;  the 
other  taking  the  broadest  and  most  comprehensive  jurisdiction 
of  all  things  military,  and  in  time  of  war  assuming  jurisdiction 
in  all  of  the  affairs  of  the  people,  arbitrarily  placing  the  camp 
under  martial  law. 

The  judges  of  these  courts  were  usually  twelve  in  number 
and  held  their  places  by  hereditary  right,  though  occasionally 
some  low  caste  man,  through  some  brilliant  exploit  would  break 
into  this  exclusive  and  aristocratic  circle  and  sometimes  even 
exercised  dominating  influence  which  the  aristocrats  dared  not 
oppose,  though  he  was  still  regarded  as  a  plebian  upstart,  and 
was  despised  by  the  upper  ten,  and  his  rank  died  with  him. 
Ordinarily  from  seven  to  twelve  judges  sat  for  the  trial  of 
causes,  but  sometimes  even  a  greater  number  were  permitted. 
The  civil  court  in  time  of  peace  took  cognizance  of  civil  and 
criminal  matters  arising  in  the  band.  Civil  actions  usually 
grew  out  of  disputes  about  the  ownership  of  property  and  the 
court  patiently  heard  the  testimony  of  the  parties  and  wit- 

(2).     Miss  Mary  C.  Collins,  for  thirty-three  years  missionary  among 
the  Tetons,  especially  the  Hunkpapa  and  Blackfoot  bands. 
(3X     Letter  of  Dr.  Thomas  L.  Biggs,  to  writer,  June,  1903. 


nesses  and  at  once  determined  the  ownership  of  the  article,  de- 
livered it  to  the  successful  litigant  and  the  decision  was  never 
reviewed  or  questioned.  A  majority  of  the  court  determined 
the  judgment. 

Criminal  matters  of  which  the  court  took  cognizance  were 
assaults,  rapes,  larceny  and  murder;  all  crimes  against  persons; 
and  ii  committed  against  a  member  of  the  tribe  were  severely 
dealt  with.  Sometimes  it  was  necessary  to  prove  the  crime 
by  competent  witnesses,  and  the  court  was  the  judge  of  the 
credibility  of  those  who  testified,  but  rarely,  however,  was  it 
necessary  to  summon  witnesses,  for  if  the  accused  was  really 
guilty  it  was  a  point  of  honor  to  admit  the  offense  and  take  the 
consequences.  Thus  the  real  responsibility  resting  upon  the 
court  in  most  cases  was  to  determine  the  penalty.  Usually  a 
severe  pern'ty  was  imposed  which  could  be  satisfied  by  the  pay- 
ment of  a  certain  number  of  horses  or  other  specific  property 
to  the  injured  party,  or  his  family,  but  if  the  offense  was 
peculiarly  repellent  to  the  better  sentiment  of  the  camp  the 
court  might  insist  upon  the  summary  infliction  of  the  sentence 
imposed.  This  might  be  the  death  penalty,  exile  or  whipping ; 
or  it  might  be  the  destruction  of  the  teepee  and  other  property 
of  the  convict.  These  latter  penalties  were,  however,  usually 
reserved  for  another  class  of  offenses ;  crimes  which  were  against 
the  community  rather  than  against  an  individual.  These  offenses 
were  generally  violations  of  the  game  laws  and  the  offender 
could  expect  little  mercy.  How  reasonable  this  policy  was  will 
be  readily  understood  when  we  recall  that  the  subsistence  of  the 
entire  nation  depended  almost  entirely  upon  the  preservation  of 
the  wild  game.  The  individual,  who  would  wantonly  kill  game 
fit  for  food,  or  frighten  it  away  needlessly  from  the  vicinity  of 
the  camps  was  a  public  enemy  and  was  treated  accordingly. 
He  was  fined,  his  property  destroyed,  he  was  whipped,  or  if  a 
persistent  offender,  he  was  reduced  from  his  position  as  a 
hunter  and  made  to  do  the  menial  duties  of  a  squaw;  the  latter 
being  the  most  humiliating  and  terrible  sentence  which  could  be 
imposed,  deemed  much  worse  than  death  and  if  the  convict  was 

5 


a  man  of  ordinary  spirit  he  usually  chose  to  commit  suicide  in 
preference.    (4) . 

For  some  offenses  a  convict  was  exiled  from  the  camp,  given 
an  old  teepee  and  a  blanket,  but  no  arms,  and  was  allowed  to 
make  a  living  .if  he  could.  Sometimes  he  would  go  off  and  join 
some  other  band,  but  such  conduct  was  not  considered  good 
form  and  he  usually  set  up  his  establishment  on  some  small  hill 
near  the  home  camp  and  made  the  best  of  the  situation.  If  he 
conducted  himself  properly  he  was  usually  soon  forgiven  and 
restored  to  his  rights  in  the  community.  If  he  went  off  to 
another  people  he  lost  all  standing  among  the  Sioux  and  was 
thereafter  treated  as  an  outlaw  and  a  renegade.  The  entire  band 
of  Inkpaduta,  once  the  terror  of  the  Dakota  frontier,  was  com- 
posed of  these  outlaws.  (5). 

The  camp  policeman  was  a  most  important  officer  of  the 
court  and  he  frequently  took  upon  himself  the  adjudication  of 
petty  quarrels  and  the  summary  punishment  of  small  offenses 
committed  within  his  view.  He  was  appointed  by  the  chief 
for  one  or  more  days'  service  and  he  made  the  most  of  his  brief 
span  of  authority.  In  addition  to  executing  the  orders  of  the 
court  he  was  always  on  watch  to  preserve  the  tranquility  of  the 
camp  during  the  day  and  he  stood  upon  guard  at  night.  When 
ordered  to  do  a  thing  it  was  a  point  of  honor  to  accomplish  it 
or  die  in  the  attempt.  He  was  a  peace  officer,  delighting  to 
fight  for  peace'  sake  at  any  time.  (6). 

While  the  civil  court  was  composed  of  the  "elder  states- 
men" the  military  court  was  composed  of  the  war  chief  and  his 
most  distinguished  braves,  and,  as  has  been  before  suggested 
herein,  exercised  unlimited  power  in  time  of  war  and  was  im- 
plicitly obeyed.  It  took  jurisdiction  of  all  matters  growing  out 
of  infractions  of  the  "Articles  of  War"  and  of  all  the  civil 
and  criminal  affairs  of  the  tribe  as  well.  There  was  no  appeal 


^4).     Interview  with  Joseph  LaFramboise  of  Veblen,  a  Sisseton,  at 
Sioux  Falls,  in  October,  1900. 

(5).     Flandreau's   Minnesota. 

(6).     Journal  of  Lewis  and  Clark  September  26th  and  27th,  1804. 


from  its  judgments  and  its  sentences  were  summarily  executed. 
An  anecdote  will  illustrate  something  of  its  practice:  In  the 
campaign  of  1876,  after  the  affair  at  Little  Big  Horn,  Grey 
Eagle,  a  Huncpapa  headman  of  good  family  and  with  a  good 
military  record,  was  charged  with  stealing  a  horse  from  another 
warrior  of  the  Sioux  forces.  He  denied  the  charge  but  the 
property  was  in  his  possession  and  he  could  not  satisfactorily 
explain  his  connection  with  it.  He  was  placed  upon  trial,  wit- 
nesses summoned  and  he  was  convicted  of  the  theft  and  sen- 
tenced to  be  whipped,  a  punishment  most  befitting  the  mean 
estate  of  a  squaw.  The  sentence  was  executed  in  full  view  of 
the  entire  camp.  Grey  Eagle  continued  in  the  campaign,  fighting 
valiantly  at  every  opportunity,  but  he  was  filled  with  an  intense 
desire  for  revenge  against  the  court  and  particularly  against 
Sitting  Bull,  a  plebian  who  had  compelled  recognition  from  the 
aristocrats,  and  whom  the  convict  believed  to  be  especially  re- 
sponsible for  his  humiliation.  Though  not  apropos  to  this  dis- 
cussion it  may  be  of  interest  if  I  shall  add  that  after  the  lapse 
of  fourteen  years,  one  December  morning  in  1890  when  a  party 
of  native  policemen,  inspired  very  largely  by  the  aristocratic 
hatred  for  the  presumptuous  plebian,  came  down  upon  the  home 
of  Sitting  Bull  and  effected  his  arrest  and  were  taking  him  away 
through  an  excited  throng  of  his  friends,  the  voice  of  Grey  Eagle, 
from  out  in  the  darkness  shouted:  "Sitting  Bull  is  escaping,  shoot 
him,  shoot  him!"  whereupon  began  the  outbreak  which  within 
the  moment  resulted  in  the  death  of  the  old  medicine  man  and 
seventeen  of  the  police  and  Indians.  (7).  It,  too,  may  be  of 
further  interest  to  relate  that  at  the  present  time  Grey  Eagle 
is  the  Chief  Justice  of  the  native  court  at  Bullhead  Station, 
South  Dakota. 

Among  the  duties  of  this  court  was  to  determine  the  limits 
of  each  day's  march  when  out  upon  a  campaign,  and  to  regu- 
late the  camping  places.  This  was  an  important  function,  for 
the  army  subsisted  off  the  country  and  unless  the  utmost  care 

(7).    Belated  by  Miss  Mary  C.  Collins,  April,  1908. 

7 


was  exercised  "the  base  of  supplies"  would  be  frightened  awa;T 
and  the  band  subjected  to  starvation. 

A  court  very  similar  to  the  military  court  was  likewise 
organized  for  each  great  hunting  expedition  and  given  absolute 
control  of  the  general  movement,  but  this  hunting  court  did 
not  interfere  with  the  ordinary  jurisdiction  of  the  civil  court 
in  matters  of  personal  disputes,  personal  injuries  and  the  like. 
In  1841,  General  Henry  H.  Sibley,  of  Minnesota,  proposed  to 
the  Indians  residing  about  his  home  at  Mendota  that  they  go 
down  to  the  ' '  Neutral  Strip ' '  in  Northern  Iowa  for  a  long  hunt. 
The  Sioux  were  agreeable,  and  to  get  the  matter  in  form  Sibley 
made  a  feast  to  which  all  of  the  natives  were  invited.     After 
eating  and  smoking  several  hundred  painted  sticks  were  pro- 
duced and  were  offered  for  the  acceptance  of  each  grown  warrior. 
It  was  understood  that  whoever  voluntarily  accepted  one  of 
these  sticks  was  solemnly  bound  to  be  of  the  hunting  party 
under  penalty  of  punishment  by  the  soldiers  if  he  failed.  About 
one  hundred  and  fifty  men  accepted.    These  men  then  detached 
themselves  from  the  main  body  and  after  consultation  selected 
ten  of  the  bravest  and  most  influential  of  the  young  men  to  act 
as  members  of  the  hunting  court.     These  justices  were  called 
soldiers.    Every  member  bound  himself  to  obey  all  rules  made  by 
the  court.  A  time  was  then  fixed  for  the  start.    At  the  appointed 
time  and  place  every  one  appeared  but  one  man  who  lived 
twelve  miles  distant.    Five  of  the  court  at  once  started  out  to 
round  him  up.    In  a  few  hours  they  returned  with  the  recalci- 
trant and  his  family,  and  with  his  belongings  packed  upon  his 
horses.    He  was  duly  penitent  and  not  subjected  to  punishment, 
though  he  was  severely  threatened  in   case  he   again   failed. 
General  Sibley  thus  tells  the  story.  (8).  "We, "Sibley  and  his 
white  friends,  "became  subject  to  the  control  of  the  soldiers. 
At  the  close  of  each  day  the  limits  of  the  following  day's  hunt 
were  announced  by  the  soldiers,  designated  by  a  stream,  grove, 
or  other  natural  object.     This  limit  was  ordinarily  about  ten 

(8).    Minnesota  Historical  Collections,  Vol.  HE. 


miles  ahead  of  the  proposed  camping  place  and  the  soldiers 
each  morning  went  forward  and  stationed  themselves  along  the 
line  to  detect  and  punish  any  who  attempted  to  pass  it.  The 
penalty  attached  to  any  violation  of  the  rules  of  the  camp  was 
discretionary  with  the  soldiers.  In  aggravated  cases  they 
would  thresh  the  offender  unmercifully.  Sometimes  they  would 
cut  the  clothing  of  the  man  or  woman  entirely  to  pieces,  slit 
down  the  lodge  with  their  knives,  break  kettles  and  do  other 
damage.  I  was  made  the  victim  on  one  occasion  by  venturing 
near  the  prohibited  boundary.  A  soldier  hid  himself  in  the 
long  grass  until  I  approached  sufficiently  near  when  he  sprang 
from  his  concealment  and  giving  the  soldiers'  whoop  rushed 
upon  me.  He  seized  my  fine  double  barreled  gun  and  raised 
it  in  the  air  as  if  with  the  intention  of  dashing  it  to  the 
ground.  I  reminded  him  that  guns  were  not  to  be  broken,  be- 
cause they  could  be  neither  repaired  or  replaced.  He  handed 
me  back  the  gun  and  then  snatched  my  fur  cap  from  my  head, 
ordering  me  back  to  camp,  where  he  said  he  would  cut  up  my 
lodge  in  the  evening.  I  had  to  ride  ten  miles  bareheaded  on  a 
cold  winter  day,  but  to  resist  a  soldier  while  in  the  discharge 
of  duty  is  considered  disgraceful  in  the  extreme.  When  I 
reached  the  lodge  I  told  Faribault  of  the  predicament  in  which 
I  was  placed.  We  concluded  the  best  policy,  would  be  to  prepare 
a  feast  to  mollify  them.  We  got  together  all  the  best  things 
we  could  muster  and  when  the  soldiers  arrived  in  the  evening 
we  went  out  and  invited  them  to  a  feast  in  our  lodge.  The 
temptation  was  too  strong  to  be  resisted. ' '  They  responded,  ate 
their  fill,  smoked  and  forgave  the  "contempt  of  court,"  which 
indicates  that  the  judiciary,  even  in  that  primitive  time,  was  not 
wholly  incorruptible. 


The  modern  Sioux  Courts,  organized  under  the  authority 
of  federal  law  and  in  accordance  with  the  rules  of  the  Indian 
Department,  are  perhaps  of  more  interest  to  lawyers  than  the 
courts  of  the  primitive  tribes.  The  modern  courts  were  first 
proposed  by  General  William  S.  Harney,  in  1856  and  were  pro- 

9 


vided  for  in  the  treaty  made  at  Fort  Pierre  in  March  of  that 
year,  which  unfortunately  was  not  ratified  by  the  senate.  (9).  It 
can  scarcely  be  doubted  that  had  Harney's  scheme  for  making 
the  Sioux  responsible  to  the  government  for  the  conduct  of 
their  own  people  been  adopted,  much  bloodshed  and  treasure 
would  have  been  saved. 

It  was  not  until  after  the  Red  Cloud  war  ended  in  1868 
that  the  courts  for  Indian  offenses,  equipped  by  the  Indian 
themselves,  began  to  be  tried  at  some  of  the  agencies  in  a  small 
way.  The  Sissetons  and  Santees  were  first  to  give  them  a  trial 
and  eventually  they  were  supplied  to  all  the  Reservations  except 
the  Rosebud,  which,  for  some  reason  of  which  I  have  been  un- 
able to  secure  information,  has  never  had  them. 

The  following  general  rulesi  governing  courts  of  Indian 
Offenses  pursuant  to  the  statute  have  been  adopted  by  the 
Indian  Department :  ( 10 ) . 

First :  When  authorized  by  the  Department  there  shall  be 
established  at  each  agency  a  tribunal  consisting  ordinarily  of 
three  Indians,  to  be  known  as  "the  Court  of  Indian  Offenses," 
and  the  members  of  said  court  shall  each  be  styled  "judge  of 
the  Court  of  Indian  Offenses." 

Agents  may  select  from  among  the  members  of  the  tribe 
persons  of  intelligence  and  good  moral  character  and  integrity 
and  recommend  them  to  the  Indian  Office  for  appointment  as 
judges;  provided,  however,  that  no  person  shall  be  eligible  to 
such  an  appointment  who  is  a  polygamist. 

Second:  The  court  of  Indian  Offenses  shall  hold  at  least 
two  regular  sessions  in  each  and  every  month,  the  time  and 
place  for  holding  said  sessions  to  be  agreed  upon  by  the  judges, 
or  a  majority  of  them,  and  approved  by  the  agent;  and  special 
sessions  of  the  court  may  be  held  when  requested  by  three  re- 
putable members  of  the  tribe  and  approved  by  the  agent. 

(9).  This  treaty  was  not  ratified  because  of  the  large  expenditure 
which  would  be  demanded  to  uniform  and  subsist  the  police  force.  After- 
wards we  spent  in  a  single  year  for  the  subjugation  of  the  Sioux  suf- 
ficient money  to  subsist  the  police  for  a  century. 

(id).  Rules  and  Regulations  of  the  Indian  Office  governing  Indian 
Reservations.  Letter  of  Hon.  John  R.  Brennan,  agent  at  Pine  Ridge, 
April,  1908. 

10 


Third:  The  court  shall  hear  and  pass  judgment  upon  all 
such  questions  as  may  be  presented  to  it  for  consideration  by 
the  agent,  or  by  his  approval,  and  shall  have  original  jurisdic- 
tion over  all  "Indian  offenses"  designated  as  such  by  rules  4, 
5,  6,  7  and  8  of  these  rules.  The  judgment  of  the  court  may  be 
by  two  judges ;  and  that  the  several  orders  of  the  court  may  be 
carried  into  full  effect,  the  agent  is  hereby  authorized  and  em- 
powered to  compel  the  attendance  of  witnesses  at  any  session 
of  the  court,  and  to  enforce,  with  the  aid  of  the  police,  if  neces- 
sary, all  orders  that  may  be  passed  by  the  court  or  a  majority 
thereof;  but  all  orders,  decrees,  or  judgments  of  the  court  shall 
be  subject  to  approval  or  disapproval  by  the  agent,  and  an  appeal 
to  and  final  revision  by  the  Indian  Office;  Provided,  that  when 
an  appeal  is  taken  to  the  Indian  Office,  the  appellant  shall 
furnish  security  satisfactory  to  the  court,  and  approved  by  the 
agent,  for  good  and  peaceful  behavior  pending  final  decision. 

Fourth:  The  "sun  dance,"  and  all  other  similar  dances 
and  so-called  religious  ceremonies,  shall  be  considered  "Indian 
offenses"  and  any  Indian  found  guilty  of  being  a  participant 
in  one  or  more  of  these  offenses  shall,  for  the  first  offense  com- 
mitted, be  punished  by  withholding  from  him  his  rations  for 
a  period  not  exceeding  ten  days;  and  if  found  guilty  of  any 
subsequent  offense  under  this  rule,  shall  be  punished  by  with- 
holding his  rations  for  a  period  of  not  less  than  fifteen  days 
nor  more  than  thirty  days,  or  by  incarceration  in  the  agency 
prison  for  a  period  not  exceeding  thirty  days. 

Fifth :  Any  plural  marriage  hereafter  contracted  or  entered 
into  by  any  member  of  an  Indian  tribe  under  the  supervision 
of  a  United  States  Indian  Agent  shall  be  considered  an  "Indian 
offense"  cognizable  by  the  court  of  Indian  offenses;  and  upon 
trial  and  conviction  thereof  by  said  court  the  offender  shall  pay 
a  fine  of  not  less  than  twenty  dollars,  or  work  at  hard  labor  for 
a  period  of  twenty  days,  or  both,  at  the  discretion  of  the  court, 
the  proceeds  thereof  to  be  devoted  to  the  benefit  of  the  tribe  to 
which  the  offender  may  at  the  time  belong;  and  so  long  as  the 
Indian  shall  continue  in  this  unlawful  relation  he  shall  forfeit 
all  right  to  receive  rations  from  the  government.  And  when- 
ever it  shall  be  proven  to  the  satisfaction  of  the  court  that  any 
member  of  the  tribe  fails,  without  proper  cause,  to  support  his 
wife  and  children,  no  rations  shall  be  issued  to  him  until  such 
time  as  satisfactory  assurance  is  given  to  the  court,  approved 
by  the  agent,  that  the  offender  will  provide  his  family  to  the 
best  of  his  ability. 

11 


Sixth:  The  usual  practices  of  so-called  " medicine  men" 
shall  be  considered  an  "Indian  offense"  cognizable  by  the  court 
of  Indian  offenses,  and  whenever  it  shall  be  proven  to  the  satis- 
faction of  the  court  that  the  influence  of  a  so-called  "medicine 
man"  operates  as  a  hindrance  to  civilization  of  a  tribe,  or  that 
said  ' '  medicine  man ' '  resorts  to  any  artifice  or  device  to  keep  the 
Indians  under  his  influence,  or  shall  adopt  any  means  to  prevent 
the  attendance  of  children  at  the  agency  schools,  or  shall  use 
any  of  the  arts  of  the  conjurer  to  prevent  the  Indians  from 
abandoning  their  heathenish  rites  and  customs,  he  shall  be  ad- 
judged guilty  of  an  ' '  Indian  offense, ' '  and  upon  conviction  of 
any  one  or  more  of  these  specified  practices,  or  any  other,  in  the 
opinion  of  the  court,  of  an  equally  anti-progressive  nature  shall 
be  confined  in  the  agency  guardhouse  for  a  term  not  less  than 
ten  days,  or  until  such  time  as  he  shall  produce  evidence  satis- 
factory to  the  court,  and  approved  by  the  agent,  that  he  will 
forever  abandon  all  practices  styled  "Indian  offenses"  under 
this  rule. 

Seventh:  Any  Indian  who  shall  wilfully  destroy,  or  with 
intent  to  steal  or  destroy,  shall  take  and  carry  away  any  property 
of  any  value  or  description,  being  the  property  free  from  tribal 
interference,  of  any  other  Indian  or  Indians,  shall,  without  re- 
ference to  the  value  thereof,  be  deemed  guilty  of  an  "Indian 
offense, ' '  and,  upon  trial  and  conviction  thereof,  by  the  court  of 
"Indian  offenses,"  shall  be  compelled  to  return  the  stolen  prop- 
erty to  the  proper  owner,  or,  in  case  the  property  shall  have  been 
lost  or  destroyed,  the  estimated  full  value  thereof,  and  in  any 
event  the  party  or  parties  so  found  guilty  shall  be  confined  in 
the  agency  guardhouse  for  a  term  not  exceeding  thirty  days; 
and  it  shall  not  be  considered  a  sufficient  or  satisfactory  answer 
to  any  of  the  offenses  set  forth  in  this  rule  that  the  party 
charged  was  at  the  time  a  "mourner,"  and  thereby  justified  in 
taking  or  destroying  the  property  in  accordance  with  the  cus- 
toms or  rites  of  the  tribe. 

Eighth :  Any  Indian  or  mixed  blood  who  shall  pay  or  offer 
to  pay  any  money  or  other  valuable  consideration  to  the  friends 
or  relatives  of  any  Indian  girl  or  woman,  for  the  purpose  of 
living  or  cohabiting  with  said  girl  or  woman,  shall  be  deemed 
guilty  of  an  "  Indian  offense, ' '  and  upon  conviction  thereof  shall 
forfeit  all  right  to  government  rations  for  a  period  at  the  dis- 
cretion of  the  agent,  or  be  imprisoned  in  the  agency  guardhouse 
for  a  period  not  exceeding  sixty  days;  and  any  Indian  or  mixed 
blood  who  shall  receive  or  offer  to  receive  any  consideration  for 

1? 


the  purposes  hereinbefore  specified  shall  be  punished  in  a  similar 
manner  as  provided  for  the  party  paying  or  offering  to  pay  the 
said  consideration;  and  if  any  white  man  shall  be  found  guilty 
of  any  of  the  offenses  herein  mentioned  he  shall  be  immediately 
removed  from  the  reservation  and  not  allowed  to  return  thereto. 
Ninth:  In  addition  to  the  "offenses"  hereinbefore  enum- 
erated, the  court  of  "Indian  offenses"  shall  also  have  jurisdiction 
(subject  to  the  provisions  of  rule  3)  of  misdemeanors  committed 
by  Indians  belonging  to  the  reservation,  and  of  civil  suits  where 
Indians  are  parties  thereto ;  and  any  Indian  who  shall  be  found 
intoxicated,  or  who  shall  sell,  exchange,  give,  barter  or  dispose 
of  any  spirituous,  vinous,  or  fermented  liquors  to  any  other 
Indian,  or  who  shall  introduce  or  attempt  to  introduce  under 
any  pretense  whatever  any  spirituous,  vinous,  or  fermented  li- 
quors on  the  reservation,  shall  be  punishable  by  imprisonment 
for  not  less  than  thirty  days  nor  more  than  ninety  days  or  by 
withholding  of  government  rations,  therefrom,  at  the  discretion 
of  the  court  and  approval  of  the  agent. 

The  civil  jurisdiction  of  such  court  shall  be  the  same  as 
that  of  a  justice  of  the  peace  in  the  State  or  Territory  where 
such  court  is  located,  and  the  practice  in  such  civil  cases  shall 
conform  as  nearly  as  practicable  to  the  rules  governing  the  prac- 
tice of  justices  of  the  peace  in  such  State  or  Territory,  and  it 
shall  also  be  the  duty  of  the  court  to  instruct,  advise  and  inform 
either  or  both  parties  to  any  suit  in  regard  to  the  requirements 
of  these  rules. 

Under  these  rules  the  courts  are  organized  and  hold  their 
sittings  at  such  times  and  places  as  will  be  most  convenient  for 
the  people,  as  for  illustration,  upon  the  Cheyenne  River  Reser- 
vation one  judge  sits  at  each  substation  at  each  semi-monthly 
ration  issue,  and  if  for  any  reason  a  party  is  dissatisfied  with 
his  decision,  he  has  a  right  to  appeal  his  case  to  the  entire  bench 
which  sits  for  the  purpose  at  the  agency  at  regular  inter- 
vals. (11). 

Persons  convicted  of  such  offenses  as  come  within  the  juris- 
diction of  the  court  are  committed  to  the  guard-house  for  a  stated 

(11).  Letter  of  Prof.  C.  W.  Bastall,  Superintendent  at  Cheyenne 
Eiver,  April,  1908. 

13 


period,  and  are  required  to  work  in  keeping  up  the  grounds 
about  the  agency  or  substation,  as  the  case  may  be.  They  make 
very  little  trouble  and  rarely  does  one  attempt  to  escape,  though 
they  work  without  guard.  (12). 

The  Indian  people  generally  have  great  respect  for  the 
judges  of  their  courts  and  the  latter  show  much  wisdom  and 
discretion  in  their  decisions,  though  they  do  not  always  place 
the  white  man's  estimate  upon  the  relative  enormity  of  offenses. 
I  was  present  at  a  session  of  the  Cheyenne  river  court  in  1892, 
when  two  parties  accused  with  crime  were  brought  before  it. 
One  was  charged  with  stealing  a  picket  pin  of  the  value  of 
thirteen  cents  and  he  got  thirty  days  in  the  guard-house,  while 
the  other,  convicted  of  a  rape,  got  ten  days. 

Formerly  the  judges  were  not  compensated,  but  now  they 
receive  a  nominal  salary, — from  five  to  ten  dollars  per  month, — 
and  their  board  while  sitting.  It  is  regarded  as  a  great  distinc- 
tion to  be  chosen  to  the  bench  and  the  courts  administer  the  law, 
as  they  understand  it,  with  dignity  and  firmness.  (13).  There 
are  no  lawyers  upon  the  reservations  but  a  friend  may  appear 
for  a  party  to  an  action,  or  one  accused  of  an  offense  and  the 
trials  are  conducted  with  much  formality  and  the  pleas  are  fre- 
quently shrewd  and  eloquent.  Every  Indian  is  an  orator  by 
nature,  and  the  courts  afford  the  best  modern  opportunities  to 
display  their  gifts. 

The  police  force  upon  all  of  the  reservations  is  composed 
of  the  natives  and  they  are  highly  efficient  and  render  great 
assistance  to  the  courts  in  preserving  the  peace  and  in  bringing 
offenders  to  justice.  It  is  a  point  of  honor  for  a  Sioux  police- 
man to  do  his  whole  duty  regardless  of  obstacle  and  neither 
kin  nor  friend  can  expect  lieniency  if  he  stands  in  the  way  of 
duty,  and  this  is  equally  true  of  the  courts.  It  is  not  an  infre- 
quent thing  for  the  judge  to  try  his  son  or  near  relative  and 
in  such  cases  the  accused  is  sure  to  get  the  limit  of  the  law.  (14). 

Without  exception  the  Indian  authorities  commend  the 
native  courts  and  policemen  for  fidelity  and  effective  administra- 
tion of  justice. 


(12).    Letter  of  T.  W.  Lane,  agent  at  Crow  Creek,  April,  1908. 
(13).     Letter  of  Major  Brennan. 

(14).    Interview  with  Solomon  Two  Stars,  hereditary  chief  of  Sisse- 
tons,  August,  1901.    Monthly  South  Pakotan,  December,  1901. 

14 


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